HomeMy WebLinkAbout2000-03-15; Planning Commission; Resolution 47390 0
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PLANNING COMMISSION RESOLUTION NO. 4739
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW
A SERVICE STATION, CAR WASH AND FOOD MART ON
PROPERTY GENERALLY LOCATED AT THE NORTHEAST
SIDE OF AVENIDA ENCINAS, SOUTH OF POINSETTIA
LANE IN LOCAL FACILITIES MANAGEMENT ZONE 9.
CASE NAME: CHEVRON POINSETTIA VILLAGE
CASE NO.: CUP 99-15
WHEREAS, K B. Narain, “Developer”, has filed a verified application with t
City of Carlsbad regarding property owned by Donahue Schriber Realty Group, L. P. a1
Poinsettia Associates, “Owners”, described as
Parcel 11 of Parcel Map No. 15187, in the City of Carlsbad,
County of San Diego, State of California, filed in the Office of the
County Recorder of San Diego County, March 28, 1988,
Recorder’s File No. 88-140044
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional U
Permit as shown on Exhibits “A” - “L” dated March 15, 2000, on file in the Carlsbad Planni
Department, CHEVRON POINSETTIA VILLAGE - CUP 99-15, as provided by Chaptt
21.42,21.50, and 21.208 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 15th day of March, 2000, hc
a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimo
and arguments, if any, of all persons desiring to be heard, said Commission considered all fact(
relating to the CUP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planni
Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commissil
RECOMMENDS APPROVAL of CHEVRON POINSETTIA VILLAGE
CUP 99-15, based on the following findings and subject to the followi
conditions:
FindinPs: -
1. That the requested use is necessary or desirable for the development of the community,
essentially in harmony with the various elements and objectives of the General Plan, and
not detrimental to existing uses specifically permitted in the zone in which the proposed u
is located, in that:
A. The requested use is necessary and desirable for the development of t
community in that the automobile related services are proposed as part 0.l
community shopping center which provides necessary services to t
surrounding community; and
B. The project is in harmony with various elements of the General Plan in th
the underlying Travel-Recreation/Commercial land use designation ensur
that commercial service uses will be accessible to both the surroundi:
community and the traveling public; and
C. The project is not detrimental to existing uses or uses specifically permitt
in the zone in that the proposed architectural style is consistent a1
compatible with the existing shopping center, noise impacts have be
mitigated through the use of a sound wall, visual impacts to surrounding us
have been reduced through landscaping and screen walls, and the hours
operation for the car wash and fuel delivery have been restricted to minimi
the impact of the project on both the existing surrounding uses and t
anticipated uses on the adjacent vacant pads.
2. That the site for the intended use is adequate in size and shape to accommodate the use,
that the proposed structures have been located outside of the sight distan
easement; the internal circulation has been designed to adequately accommodate t
turning movement of fueling trucks and vehicles; an adequate stacking lane b
been provided for the car wash; parking spaces have been provided in clc
proximity to the retail area; and all necessary landscaped setbacks, circulation ais
and parking areas have been provided.
3. That all the yards, setbacks, walls, fences, landscaping, and other features necessary
adjust the requested use to existing or permitted future uses in the neighborhood will
provided and maintained, in that all setbacks required by the C-2 zone a
CommerciaWisitor Serving Overlay Zone have been provided; screen walls ha
been provided along Avenida Encinas to partially obscure vehicles; a noise wall
integrated into the design of the car wash to mitigate any potential noise impa
and the architectural design has been designed to complement the existing shoppi
center.
PC RES0 NO. 4739 -2-
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4. That the street systems serving the proposed use are adequate to properly handle
traffic generated by the proposed use, in that the traffic impacts of the proposed g
station have been previously evaluated in a traffic study for the Poinsettia Villa
Shopping Center and the addition of the car wash and food mart will generate 1
additional 300 ADT, for a project total of 1,860 ADT, which will not impact t
levels of service of the surrounding roadways and key intersections to ~
unacceptable level.
5. That it is to be developed as part of a master-planned recreation area, industrial pa
regional or community shopping center, in that the location for the gas station w
approved as part of the Poinsettia Village Shopping Center - SDP 82-03(A) and t
additional of the car wash and food mart will provide a needed service for t
surrounding community, tourists, and employees of business and industrial center
6. The proposed project complies with all requirements of Section 21.28.015 for car wash
in C-2 zones in that:
a. The car wash reduces visual impacts from surrounding development 1
providing a compatible architecture style and screen wall to shield vehicles.
b. An architecturally compatible noise wall is included to reduce noise impac
for nearby residential development.
c. The traffic generated by the proposed use is adequately accommodated 1
existing street improvements.
d. All required parking, screen walls, landscaping and pollution control systel
have been provided.
e. All signs are conditioned to comply with the approved Poinsettia Village Si'
Program.
Commercial Visitor-Serving Overlay Findings
7. That the proposed project is adequately designed to accommodate the high percentage
visitor, tourist, and shuttle budalternative transportation users anticipated given 1
proposed use and site location within the overlay zone, in that the on-site circulati
system has been adequately designed to accommodate the flow of traffic withc
creating conflicts between uses, and an adequate number of parking spaces ha
been provided in convenient locations for the various uses associated with I
development proposal.
8. That the building forms, building colors and building materials combine to provide
architectural style of development that will add to the objective and high qual
architecture and building design within the overlay zone, in that the propos
contemporary southwest architectural design is complementary to the existi
shopping center and incorporates both the color scheme and design elements of 1
existing center.
9. That the project complies with all development and design criteria of the overlay zone,
that the project complies with the parking requirements, sign allowances, buildi
height, building setback, building colors/materials, architectural style, landscapi~
11 PC RES0 NO. 4739 -3-
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and use and separation requirements of Section 21.208.100 of the Carlsb
Municipal Code.
Conditions:
1. This approval is granted subject to the approval of the Mitigated Negative Declaratic
Mitigation Monitoring and Reporting Program, SDP 82-03(B), and CDP 99-35 a
is subject to all conditions contained in Planning Commission Resolutions 4737, 47:
4740 for those other approvals.
2. If, at any time, the City Council, Planning Commission or Planning Director determ:
that there has been, or may be, a violation of the findings or conditions of t‘
Conditional Use Permit, or of the Municipal Code regulations, a public hearing may
held before the City Council to review this permit. At said hearing, the City Council IT
add additional conditions, recommend additional enforcement actions, or revoke
permit entirely, as necessary to ensure compliance with the Municipal Code and the intl
and purposes of the Commercial Visitor-Serving Overlay Zone, and to provide for
health, safety and general welfare of the City.
3. This Conditional Use Permit is granted for a period of ten years. This permit may
revoked at any time after a public hearing, if it is found that the use has a substanl
detrimental effect on surrounding land uses and the public’s health and welfare, or
conditions imposed herein have not been met. This permit may be extended fol
reasonable period of time not to exceed ten years upon written application of
permittee made no less than 90 days prior to the expiration date. The Plam
Commission may not grant such extension, unless it finds that there are no substanl
negative effects on surrounding land uses or the public’s health and welfare. I:
substantial negative effect on surrounding land uses or the public’s health and welfarc
found, the extension shall be denied or granted with conditions which will eliminate
substantially reduce such effects. There is no limit to the number of extensions
Planning Commission may grant.
4. This Conditional Use Permit shall be reviewed by the Planning Director on a yearly ba
to determine if all conditions of this permit have been met and that the use does not h;
a substantial negative effect on surrounding properties or the public health and welfare.
the Planning Director determines that the use has such substantial negative effects,
Planning Director shall recommend that the Planning Commission, after providing
permittee the opportunity to be heard, add additional conditions to reduce or eliminate
substantial negative effects.
5. The hours of operation for the project are approved as follows:
A. Car Wash - 7:OO a.m. until 7:OO p.m.; Monday through Saturday
8:OO a.m. until 6:OO p.m.; Sunday
B. Tank refueling - 8:OO p.m. until 5:OO a.m.; daily
C. Gas station/Food Mart - 6:OO a.m. until 11:OO p.m.; daily
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’ 6. Any future proposal for the retail sale of alcoholic beverages shall be subject
2 review by the City of Carlsbad Police Department.
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7. This approval is granted only for the sale of ready-to-eat food and canned or bottl
beverages within the food mart. Food shall be pre-cooked or prepared at anotb
location and only heated on the site. No stoves or ovens for the cooking
preparation of food, nor tableware or dishwashing facilities (other than a standa
sink) shall be permitted. This business shall operate as a take-out business only. I
tables or chairs shall be provided for the consumption of food on the premises. A
future proposal to locate a hot foodlfast food vendor(s) within the food mart shall
considered an intensification of use and will require an amendment to t
Conditional Uae Permit.
8. All exterior lighting shall be shielded or oriented in such a way so as not to glare
adjacent properties.
9. All displays and storage shall be contained within the main structure.
10. Trash containers shall be contained within a six-foot high enclosure.
11. All signs shall be permitted in accordance with the CommerciaWisitor Servi
Overlay Zone as provided in Chapter 21.208 of the Carlsbad Municipal Code a1
the approved sign program for Poinsettia Village Shopping Center. The Develop
shall submit an application for a Sign Program Amendment which incorporates t
proposed Chevron signage. The monument sign shall not exceed 4’ in height. T
proposed signs shall be modified so that the total sign area does not exceed 54 sq. 1
with the exception that an additional 16 sq. ft. of signage may be permitted on t
monument sign to advertise the price of fuel, in conformance with Section 21.41.0
of the Carlsbad Municipal Code.
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NOTICE
I Please take NOTICE that approval of your project includes the “imposition” of fe
dedications, reservations, or other exactions hereafter collectively referred to for convenience
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exactions.
you protest them, you must follow the protest procedure set forth in Government Code Secti
~ 66020(a), and file the protest and any other required information with the City Manager
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timc
follow that procedure will bar any subsequent legal action to attack, review, set aside, void,
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactic
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor plannil
zoning, grading or other similar application processing or service fees in connection with t
project; NOR DOES IT APPLY to any feedexactions of whch you have previously been gil
11 PC RES0 NO. 4739 -5-
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a NOTICE similar to this, or as to which the statute of limitations has previously otherv
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planr
Commission of the City of Carlsbad, California, held on the 15th day of March, 2000 by
following vote, to wit:
AYES: Chairperson Compas, Commissioners Heineman, Nielsen, Sega
and Trigas
NOES: Commissioners L’Heureux and Welshons
ABSENT:
ABSTAIN:
fhL&&w&&d
WILLIAM COMPAS, Chai$erson
CARLSBAD PLANNING COMMISSION
ATTEST:
<
Planning Director
PC RES0 NO. 4739 -6-